EU law

SubjectEU law
Semester1st semester (autumn)
TypeRequired
ECTS6 ECTS
Study programme:Business studies (Master)
Primary language:Slovene
Visiting lecturer: Fatur, Andrej
Introduction
The course will be carried out in the Slovene language and is a required course in accordance with an officially approved curriculum of the Master Degree Program in Business Studies.
 
Preconditions
Students must have basic knowledge in the area of law. It is useful to know state administration and partly international reality and international relations. It is desirable that students have sufficient English language skills to understand additional study literature.
 
Goals
The aim is to acquaint students with the foundations of European Union law (EU Law), including the historical aspects of the EU's emergence and the importance of European integration. The aim is that students are introduced to EU institutional law and the fundamental principles of the functioning of the EU, EU substantive law, including the functioning of the internal (single) market, the fundamental economic freedoms, the fundamental rights of the EU, as currently in force since the entry into force of the Treaty of Lisbon.Through lectures and literature students will also get acquainted with the functioning and importance of the Court of Justice of the European Union (CJEU) for compliance with the EU law (acquis) and with the most important case-law of the CJEU.
 
Competencies
  • A student will be able to find, understand and apply basic knowledge regarding the institutional and substantive aspects of EU law and its impact on national legal systems.
  • A student will gain a basic knowledge of the fundamental changes brought to the European architecture by the Treaty of Lisbon.
  • A student will understand the importance of the CJEU for the development of the EU acquis and will at the same time be able to find and understand the most important case-law of the CJEU in selected areas.
  • A student will be able to solve problems, evaluate different theoretical points of view and use different legal explanatory methods.
Learning outcomes
A student will acquire basic knowledge in the field of EU law, which will enable him to understand the existing functioning of the EU and EU law as well as to evaluate the dynamic developments in the EU.
  • A student will be able to assess legal problems in matters from the subject area.
  • A student will acquire the ability to substantiate the argumentation of relevant EU legal sources, including fundamental EU treaties.
  • A student will gain the skills of oral and written expression on legal issues from the field of the subject.
Syllabus
1. General aspects of the European Union (EU).
            1.1 Historic development of European integration and the foundation of the EU.
            1.2 Legal nature of the EU and the position of member states in the EU.
            1.3 EU legal order and the relationship between European and national legal orders.
 2. General principles of EU law in theory and judicial practice.
            2.1 Basic principles of supranational nature of EU legal order.
            2.2 Other general principles of EU law.
 3. EU institutional law.
            3.1 Institutions and other EU bodies.
            3.2 EU legal acts.
 4. Judicial protection in the EU.
            4.1 Court of Justice of the EU (CJEU) - judicial architecture of the EU.
            4.2 Relationship between CJEU and national courts.
            4.2 Procedures before the CJEU
            4.3 Judgments and opinions of the CJEU.
 5. Fundamental substance of the EU law – substantive EU law (selected topics).
            5.1 Internal market.
            5.2 Fundamental economic freedoms.
            5.3 Area of freedom, security and justice and Common foreign and security policy.
            5.4 Fundamental rights.
 
Forms and types of work
Lectures will be conducted on the basis of the Socratic method, which provides for advance preparation of students for lectures and seminar:
  • seminar (studying of sources, especially of case-law);
  • preparation of a seminar paper;
  • conversation / debate;
  • involvement of guests / experts.
Evaluation systems and criteria
The evaluation system consists of three parts: participation and presentation of the case during the seminar (25%), preparation of a seminar paper (25% of the final grade assessment) and a written examination (50%). Written exam is done after the end of lectures. The condition for the admission to the written examination is a successful presentation of the case and the seminar paper. All three parts of the evaluation system must be positively assessed for a positive overall grade.

Teaching and learning material
  • Avbelj, M.: Sodno pravo Evropske unije, GV Založba, Ljubljana, 2011.
  • Brkan, M. (ur.): Postopki pred Sodiščem EU, GV Založba, Ljubljana, 2014.
  • Lampe, R., Drenik, S.: Spremembe evropskega prava po Lizbonski pogodbi, Dignitas, št. 37/38, 2008, str. 90-125.
  • Trstenjak V., Brkan M.: Pravo EU: ustavno, procesno in gospodarsko pravo EU, GV Založba, Ljubljana, 2012.
  • Creig, P., De Burca, G.: EU Law - Text, Cases and Materials, Sixth Edition, Oxford University Press, Oxford, 2015.
  • Grad, F.: Evropsko ustavno pravo, Uradni list RS, Ljubljana 2010.
  • Lampe, R., Drenik, S., Grasselli, N.: Lizbonska pogodba z uvodnimi pojasnili, Doba Epis, Maribor, 2008.
  • Tridimas, T.: General Principles of EU Law, 2nd ed., Oxford University Press, Oxford 2007.
Office hours
  • before and after the lectures
  • by agreement